Research On The Criminal Standard Of Illegal Lending

With the development of national economy,many people will choose private lending for production and life.Continuing up the size scale,private lending has led to widespread dislocation in the financial system and the broader economy.The problem of illegal lending has drawn attention.The behavior of illegal lending not only brings a shock to the normal financial management,but also has a great impact on the public security and the normal production and life of borrowers.In recent years,the progress of the hot case not only aroused widespread concern,we also hope to regulate it through criminal law.In this regard,the latest judicial interpretation clearly states it will be formally charged with "illegal business practices".The latest judicial interpretation clearly stipulates the standards of punishment.When the judicial interpretation appears,private lenders have suddenly become quite unsafe.What kind of behavior would be considered illegal lending? Where are the legal boundaries? Are the criminalization standards of illegal lending reasonable? In this paper,the author uses five parts to carry on the elaboration.In the first part,this paper starts from the characteristics of private lending and the background of the crack down on gang crime campaign and explains the legislative purpose of the criminalization of illegal lending.Through the review of the existing theories and judicial practice,it is shown that the crime of illegal lending is reasonable and necessary.The second part discusses the criminal law attribute of illegal lending.The standards of punishment for illegal lending are strict.Including five basic conditions,four choose one of the prerequisites,four choose one of the statutory conditions of criminal upgrading and two choose one of the reference conditions.In the form of tables,the author divides the standards of different prosecution criterion.Author summarizes the characteristics of illegality,high profit and operation of illegal lending.In this way,the distinction between private lending and illegal lending is clarified.In the third part,on the basis of clarifying the criminal standard of illegal lending,the author puts forward three aspects of the criminal standard of illegal lending.Firstly,about the upper limit of official rate interest.Secondly,it is about the fourth criminalization standard,namely the borrowers or their close relatives' suicide and other serious consequences.Thirdly,there are different standards for different criminal subjects.In the fourth part,through the study of comparative law,to understand the legislative experience of other countries and regions on the standards for criminalization of illegal lending,it brings valuable consideration to the criminal standard of illegal lending in our country.Some other criminal standards and detailed standards can also be used for our country's reference.In the last part,I put forward my own view and conception,according to the questions raised in the third part,combined with the legislative experience outside the region and the theory of China.I accept the rationality of 36% as the interest rate cap and the causal relationship between illegal lending and the suicide of borrowers or their close relatives.Meanwhile,I put forward the standard of serious consequences of the victim should be refined.And the standards for units and natural persons should be unified.